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Complaint case

(Querist) 11 May 2012 This query is : Resolved 
Sir,

I was accused of crime of snatching a watch by my ex land lord along with my father who is deceased and 10 others. My father was also accused by the complainant of brandishing a gun. The case was filed in the year 2005 and since the complainant hasn't produced any evidence/witness. A couple of days before my lawyer sought the closure of the case as it has been lingering with no progress whatsoever. Now, the honourable Magistrate sought the that no what ground the case shall be closed with no answer he called all the accused on the next day including two women. One complaint didn't appear as his health was in a serious condition. Initially, it was said by the lawyer that all the caused are present unbeknownst to him about the non appearance of one. The honourable magistrate was on the verge of giving some order but he was angered by the defective submission and withheld his order. And, he also asked opinion from my clueless lawyers as to on what ground the case shall be dismissed...please help...
Nadeem Qureshi (Expert) 11 May 2012
Dear Mashal Sheth
No need to worry, you should filed an application for Plea bargaining before the court and settle the matter. definitely the magistrate allow your application and send the file for Plea Bargaining.
Feel Free to call

Shonee Kapoor (Expert) 11 May 2012
Nothing left to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Maharajaah (Querist) 11 May 2012
Sir,
As far as my understanding goes plea bargaining entails admission of guilt. This cannot be done as no such incident took place.
My query was that in the event that even if one of accused is absent in the court on the final day will all the accused who are present will not be acquitted/discharged, just for the sake of absence of one accused. After the bereavement of my father about 11people including two females are in the list of accused.

And the complainant/prosecutor/plaintiff hasn't produced any witness or evidence all this while.

Is there any relevant law/ruling which can help us in getting the monkey off our back.

Thanks.


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